OPKO Health, Inc. v. Lipsius
OPKO sought certiorari after the trial court refused to stay two Florida shareholder derivative suits in favor of an earlier-served Delaware derivative action and a federal securities class action arising from the same SEC 'pump and dump' allegations. The Third DCA held that under the principle of priority, jurisdiction attaches where service of process is first perfected — not where the complaint was first filed — and that the Delaware action, served first, had priority. The court quashed the order denying the stay.
Key facts
- OPKO Health, Inc. sought certiorari review after a trial court refused to stay two Florida shareholder derivative suits.
- The Florida suits and an earlier-served Delaware derivative action, along with a federal securities class action, all arose from the same SEC 'pump and dump' allegations against OPKO.
- +2 more key facts with a free trial
Read the full opinion, holdings & search — free for 30 days
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision — in your hands.
- Search every tracked Florida decision in seconds
- Save, tag & file the cases that matter into your own library
- Read the full plain-English analysis and holdings
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.